Makris & Mullinax, P.A. (Matthew Mullinax)

Summary Judgment

Tampa Associate Julian A. Brathwaite-Pierre, Esq., secured summary judgment in the First-Party Property matter styled Leila Wilson v. Defendant Insurance Company after continued argument at hearing on June 12, 2023. The Defense filed a Motion for Summary Judgment based on the Plaintiff’s admission at her deposition that neither she, nor anyone acting on her behalf, had ever been on her roof prior to the alleged windstorm that caused damage to her roof. Additionally, the Plaintiff’s Daughter, who was also the tenant at the subject property for over a decade, provided deposition testimony that made it clear there was a question as to what the actual date of loss was.

 

It was also argued that Plaintiff’s experts’ opinions in opposition to Defendant’s Motion for Summary Judgment were not sufficient enough to create any issue of material fact, as the report, and affidavits provided were conclusory in nature and did not articulate in a manner satisfactory to the Court why Defendant’s expert’s opinion that the damage to the 30-year-old roof was simple wear and tear.

 

This was a unique situation, as this matter was transferred to Luks & Santaniello from another firm 10 days prior to Non-Binding Arbitration, and with the Summary Judgment Motion hearing being continued from March of 2023, prior to the transfer. Even with short notice, Mr. Brathwaite was able to prepare for and prevail at the continued hearing on the Defense’s Motion for Summary Judgment. Read More.